New Supreme Court Rules came into force on 2 December 2024

Litigants wishing to appeal to the highest appeal court in the UK will need to make sure they are aware of the new Supreme Court Rules which came into force on 2 December 2024. The new rules seek to bring us into a more modern, digital legal process to align with the needs of businesses and the general public. Failure to follow the new rules could result in the loss of an ability to appeal.

Why have the rules been updated?

The Supreme Court Rules have barely changed since they replaced the Appellate Committee of the House of Lords as the UK’s court of last resort, in 2009. In the intervening 15 years, and partly due to innovations implemented during the COVID-19 pandemic that have remained, the wider Court system has sought to modernise the way in which cases are managed. That includes the widespread adoption of the online filing portal “CE-file”, the greater use of remote hearings and increased reliance on electronic rather than hard-copy documentation.

In 2023, the Supreme Court embarked on a three-year Change Programme with the intention of modernising its processes and enhancing access to justice. This Change Programme has led to a re-writing of the Supreme Court Rules which came into force on 2 December 2024, together with new Practice Directions. The new rules apply to all Supreme Court cases filed from 2 December; existing cases will continue to be subject to the 2009 rules. The new rules are intended to ensure the Supreme Court provides its users with transparency, efficiency and certainty when navigating the highest forum in the UK legal system, and is part of the Supreme Court’s wider vision to be a world-leading court.

What are the key changes?

1. New Supreme Court website and digital case management portal:

One of the key drivers to update the Supreme Court Rules is to reflect the introduction of the Supreme Court’s new digital case management portal, one of the key deliverables of the Change Programme. The portal is accessible through the newly-designed Supreme Court website, launched on 4 December 2024 with a ‘How to Appeal’ menu and "detailed, user-friendly instructional guides" made available to users on the Guidance page.

The new portal’s features include:

• The portal has been designed to deliver an end-to-end service for court users.
• The portal is intended to make the submission and management of cases more intuitive, efficient and modern.
• The portal includes the digitalisation of court forms, a case tracker, functions for electronic service, correspondence and the ability to make e-payments.
• It is mandatory for all legal representatives to file documents via the portal, although unrepresented parties have the option of becoming a “portal user” or not. There are only limited accepted methods of non-portal service (see below).
• Reflecting that service of documents effected via the portal will be recognised to have occurred automatically upon the relevant steps being completed, the new rules remove the long-standing concept of “deemed” dates of service and instead recognise that service takes place upon actual receipt of the relevant document rather than on a presumed date.
• The burden is on the filing / serving party to establish when the document was filed/served.

2. Service:

Key changes reflecting the more limited methods of accepted non-portal service include:

• First class post (or equivalent) and DX have been removed as accepted methods of service and replaced with a generic "tracked delivery" service method.
• A new "declaration of service" must be submitted by portal-parties following service of a permission to appeal application (new SCR 14(4)(a)) or a notice of appeal (new SCR 21(4)), whilst non-portal parties continue to be required to file certificates of service.
• There is a revised approach to filing and serving throughout the new rules – going forwards the approach is to file first, then serve (previously the approach has been to serve first, then file).

3. Shorter time-limits to appeal:

The new rules (along with corresponding updates to the Civil Procedure Rules on Appeals) introduce tighter timeframes for parties to seek permission to appeal to the Supreme Court designed to streamline the appeals process. Parties now need to seek permission to appeal from the lower court within 28 days of the relevant decision, and if that permission is refused, parties will have a further 28-day period from that refusal in which to seek permission to appeal from the Supreme Court directly.

Importantly, if a party misses the deadline to apply to the lower court and an extension is denied, they cannot request permission from the Supreme Court. To promote timely litigation and finality, the new rules do not include any "exceptional circumstances" provision to offer flexibility where this timeframe has been missed.

4. Appeals and referrals concerning EU assimilated case law:

The new rules include provisions related to the process for the consideration by the Supreme Court of appeals related to, and referrals from lower Courts or other “law officers” on points of law concerning, the application of – and potential departure from – assimilated EU case law pursuant to the European Union (Withdrawal) Act 2018.

5. Bundles:

The approach to hearing bundles has been revised to reflect an increased use of technological advancements. The current requirement for core volumes is being replaced by a requirement for a "main hearing bundle" with new definitions of “key documents bundle” and “statement of facts and issues”. The deadlines for filing main hearing bundles are also being made stricter.

6. Fees:

The new Supreme Court Rules follow the introduction, in April 2024, of significant fee increases, the majority of which had remained unchanged since the establishment of the Supreme Court in 2009. Most fees have been increased to account for inflation over that period (resulting in an average fee increase of approx. 40%), and the fee structure has been simplified through fee consolidation and greater consistency.

7. Publication of documents:

The new rules provide that, subject to any objection, the Statement of Facts and Issues and the parties’ written cases (but not the document bundles) will be published on the Supreme Court's website at least seven days before the hearing. Parties can object to publishing their own or another party’s documents, with the Registrar deciding what should be withheld or redacted, subject to review by a single Justice. The rules also preserve provisions for public and media access to court documents, with certain exceptions remaining in place.

Overall, these updates are designed to modernise the Supreme Court’s processes with the intention of aligning it with the current needs of businesses and the public. The changes are part of the Supreme Courts’ ongoing wider vision to be seen a world leading court that enhances the international reputation of the UK as a global legal centre.

Further information

How to appeal - Guidance - UK Supreme Court

How to use case management portal - UK Supreme Court and Home | UKSC